8145-10
ORDINANCE NO. 8145-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING WITH CONDITIONS, THE EAST 35 FEET OF THE 70-
FOOT SOUTH GULFVIEW BOULEVARD RIGHT-OF-WAY
CONTAINED BETWEEN THE WESTERLY EXTENSION OF THE
NORTH PROPERTY LINE OF LOT 60, LLOYD-WHITE-SKINNER
SUBDIVISION AND THE WESTERLY EXTENSION OF THE
SOUTH PROPERTY LINE OF LOT 62, LLOYD-WHITE-SKINNER l? ~ ~ ~ ~
SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ~;: ~ F lJl
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WHEREAS, the City of Clearwater has embarked on a community revitalization effort for ~ ~ ~ g ~
Clearwater Beach; ;tI ~ ~ ~ F;;
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WHEREAS, one of the major elements of the City's revitalization effort is a preliminary ~ CB ~ 5 ~
design for the revitalization of Clearwater Beach entitled Beach by Design; ~ ~ 2 ~ g
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WHEREAS, Beach by Design identifies a need for additional public parking on Clearwater ~ ~ ; ~
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WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning
Council's Rules in support of the City's Comprehensive Plan;
WHEREAS, L.O.M., Inc., owner of real property (the "Owner") located in the City of
Clearwater, has entered into a Development Agreement (as amended, restated and
supplemented from time to time, the "Development Agreement") with the City as approved by
Resolution 10-01 for the purpose of facilitating the development of a mixed-use project (the
"Project") that includes the construction of approximately three hundred and forty-nine (349)
parking spaces, of which three hundred (300) spaces shall be open to the public; and has
requested that the City vacate the right-of-way depicted in Exhibit B, attached hereto in order to
facilitate the Project,
WHEREAS, adoption of this ordinance is a step necessary to make it possible for the
Owner to develop the Project on the real property depicted in Exhibit A and adjacent lands owned
by Owner in accordance with the goals and objectives of Beach by Design;
WHEREAS, the completion of the Project will enhance the quality of life and improve the
aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in
furtherance of the Comprehensive Plan of the City of Clearwater, by providing much-needed
public parking on Clearwater Beach;
WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use
and it is deemed to be in the best interest of the City and the general public that the same be
vacated to enable the construction of the Project; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following land:
Ordinance No. 8145-10
Being the East 35-feet of the 70-foot South Gulfview Boulevard right-of-way
contained between the westerly extension of the north property line of Lot
60, L1oyd-White-Skinner Subdivision as recorded in Plat Book 13, Pages 12
and 13 and the westerly extension of the south property line of Lot 62 of
said L1oyd-White-Skinner Subdivision as more particularly described in
Exhibit B attached hereto.
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto to and for the benefit of the adjacent property owner, provided that
and conditioned upon the following: 1) The Project shall be constructed and completed in
accordance with the Development Agreement on or before September 30, 2012; 2) the
Parking Covenant required by the Development Agreement shall be executed and
delivered by the fee owner(s) of the Property, with a joinder, consent and subordination
from all lien holders and any other person or entity with an interest in the property superior
to and with priority over the Parking Covenant, which makes the Parking Covenant a valid,
binding and permanent, superior, restrictive covenant against the Property (subject to the
terms thereof), and shall be recorded in the Public Records of Pinellas County, Florida (the
"Conditions"). If the Completion Date (as defined in the Development Agreement) is
extended for any reason, the outside date for completion of the Project shall be extended
for a commensurate period of time for purposes of the Condition. Completion shall be
evidenced by the issuance of a conditional or permanent certificate of occupancy for the
Project. If the Conditions are not met, this vacation shall be rendered null and void. If the
Conditions are met, this vacation shall become permanent and irrevocable.
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
February 18, 2010
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 4, 2010
J~tY~
Frank V. Hibbard
Mayor
Approved as to form:
Attest
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. ~.\( It
Pamela K. Akin
City Attorney
2
EXHIBIT A
Leqal Description of Property
Leqal Description of Property prior to Vacation of Riqht-of-Way (as defined in the
Development Aqreement):
PARCEL 1: Lot 110, LLOYD-WHITE-SKINNER SUBDIVISION, according to the plat
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas
County, Florida.
PARCEL 2: Lots 60, 61 and 62, and the Southerly one-half of Lot 107 and all of the
Lots 108 and 109, LLOYD-WHITE-SKINNER SUBDIVISION, according to the plat
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas
County, Florida.
Leqal Description of Property after Vacation of Riqht-of-Wav:
PARCEL 1: Lot 110, LLOYD-WHITE-SKINNER SUBDIVISION, according to the plat
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas
County, Florida.
PARCEL 2: Lots 60, 61 and 62, and the Southerly one-half of Lot 107 and all of the
Lots 108 and 109, LLOYD-WHITE-SKINNER SUBDIVISION, according to the plat
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas
County, Florida.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS:
The Easterly 1/2 of Gulfview Boulevard lying West of and adjacent to the Westerly
boundaries of Lots 60, 61 and 62, THE LLOYD-WHITE-SKINNER SUBDIVISION, as
recorded in plat book 13 on pages 12 and 13 of the Public Records of Pinellas County,
Florida, more particularly described as follows:
Begin at the Northwest corner of said Lot 60; thence 180.12 feet along the Westerly
boundary of said Lots 60, 61 and 62, and along the arc of a curve to the right with a
radius of 6017.52 feet, subtended by a chord distance of 180.11 feet, bearing
S08035'03'W to the Southwest corner of said Lot 62; thence N80034'24'W along the
Westerly extension of the Southerly boundary of said Lot 62, a distance of 35.00 feet to
a point of intersection with the centerline of said Gulfview Boulevard, a 70 foot wide right
of way; thence 179.08 feet along said centerline and along the arc of a curve to the left
with a radius of 5982.52 feet, subtended by a chord distance of 179.08 feet, bearing
N08035'03"E to a point of intersection with the Westerly extension of the Northerly
boundary of said Lot 60; thence S82015'44"E a distance of 35.00 feet to the Point of
Beginning.
SKETCHofDES~TION
idi'-~ i
: : : P.O.8. LOT 59
i f82"75'......"1:- NW Corner ,
: '...~'oo' ,. 60 I
I 0 :::.:::..::..:..... -- , LOT 106
/ <<':::::::':;::>:':: -jj-"'(Py-- '
/ s ,
: IJ.J LOT 60 : I
I -J I I
I I
, ,
I I I
,-- I I
: --------------- / :
, ,
, IJ.J I
I LOT 108 :s: 1
: LOT 61 ,.., I I
I ~ ~ ":,"::"':...:..- ~--- : Z: i
I ~ 'f---=-:-i~-::--1 if I
, .................:.. , -- 'O'a I
I '/j/(ft/U/ ! --------i<< I I
: '1&!J4'2~" -----!!~~_: : 0: I
I , JS 00:' --__ _.. I LOT 110' I
I ,,' -~ I : U/ '
, .1S': f sw Comer -----~ ':
'~' .1S' f 1.Dt62 :-_ : I ,
. I , ---.--___ ~' I
, I ---_ ' .,
I : LOT 63: ----.; I
, J I', f
LOT 111 ' I ,
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and
SCALE ; 1. = 50'
~
O' SO' 100'
CURVE DATA
DElTA ANGlE ARC LENGTIf
01'42'54 180.12
01'4254 179.08
CHORD
180.11
179.08'
CHORD IIE'ARING
S08'35'03"W
NOB'35 03
J
,
I
The Easterly 1/2 of GulMew Boulevard lying west of and adjacent to the westerly boundaries of lDts 50, 6 I
62, THE LLOYD-WHlTE-SKlNNER SUBOMSlON, os recorded in plot book 13 on pages 12 oncI 13 of the Public
Rec0rd8 of PinePas County, F1orfda, more particularly described 08 follows:
Begin at the Northwest comer of said lDt 60; thence 180.12 feet along the Westerly boundary of aaid l.Dts 60, 61
and 62, and along the ore of 0 curve to the right with a rodius of 6017.52 feet. subtended by 0 chord distance
of 180.1 I feet, bearing S08'35'03"W to the Southwest comer of toid l.Dt 62: thence N8O'34'24"W along the
Westerly extension of. the Southerly boundary of said l.Dt 62. a distance of 35.00 feet to a point of interMction
with the centerline of aaid GuIfvIew Boulevard, a 70 foot wide right af way: thence 179.08 feet along said
centerline and along the ore of a curve to the left with 0 radius of 5982.52 feet. subtended by a chord distance
of 179.08 feet, bearing N08'35'03"E to 0 point of intersectfon with the Westerly extension of the Northerly boundary
of laid l.Dt 60; thence 582'15'44"E a distance of 35.00 fset to the Paint of Beginning.
Contains 6,286.20 square feet (0.144 acres). more or 1_.
LEGEND
Nll1ES:
1. NO l.IIIEIlllROUlt INStft1A'I1QtS OR IIII'flCMIIEN1S 1M IIEfH lOCAl8l EXCEPT ItS SHOIIl
2. NO IIIS1RUIIEN1'S (If RECOIlD IlEfU'CI1IlG rASaIOO'S. RDfl' (If WAY NII)/OR 0INERSIlP WERE
FIRlISlG 10 1HIS SlIM'tOR EXCEPr ItS SltOIN.
3. 1HIS SICEIQI DOES MOl' REIU.CI' OR DE:lERMIlE 0INERSIlP.
4. USE (If 1HIS SICEIQI fI( NMlNE OIHER 1IWl 1HOSE I'IIEPNEl FOR IIU. BE DE lIE-USERS
SOLE RISK WI1HllUI' UAaIIY 10 tHE SllR\'E'tOIl
5. DE SICEIQI *5 PREPMEIl IIllHOUl' tHE 8EJIEfll' (If II CURRENT mu: COIlIIITUENT NIl) IS
SUIIJEC1' 10 fASBoENl'5. 1IGIflS-OF-wAY NIl SIIIUR MIlITERS OF mu:.
5. MERIlWl MSED ON DE WB!aI.Y RDfl' (If WAY LIIE (If ClWVIEW IlOl.II.f.VMD ItS IlFNllIlC
SOll'3Il'on (A$SUIlED).
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Prepared for and Certified To:
Keith Zayac and Associates, Inc.
No.
Checked By
Orawn By
8021lO1.clWV
KOM
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I-~
FIeld Book
9025
Pages
'---/
LB 4513
SUNCOAST LAND SURVEYING. Inc,
III F'OMST LAKES BOULEVARD
Ol.OSMAR, F1.A. 346n
llOUNIlMr - 'IllPOGRAFMC - COIlSlRUC1lOII STAICElllIT
PIlCH: (813) 854-1342 FAX: (813) ISS5-5lI9O
SUR'oa'Oft'S CER'I1f'lCA'It
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W WID WIlIUl' 1IlE ,. 1IlE ClllIClIlM. __ tE 11 II.CRIl/, UC9ISED
MIl'/llR ,. lIlM'I'IIl".
Exhibit B